PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:              17 December 1998
	DOCKET NUMBER:      AC98-06634
				      AR1998012443

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Loren G. Harrell		Director	
	Mr. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Ms. Karen L. Wolff		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. Kenneth L. Wright		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed to show his name correctly and to show award of the Vietnam Honor Medal First Class, the Vietnam Cross of Gallantry with Bronze Star, the Vietnam Cross of Gallantry with Silver Star, the Army Service Ribbon, the Overseas Service Ribbon, the “Brazilian Jungle Badge” (correctly known as the Brazilian Army Jungle Warfare Badge), the French Parachutist Badge, and “combat stripes” (correctly known as overseas service bars).

3.  The applicant states that he previously requested these corrections to his records ; however, they were not made.

4.  The applicant’s military records show he entered active duty in April 1964 as a commissioned officer.  He completed over 26 years of active service, was released from active duty on 31 July 1990, and was placed on the retired list the following day. 

5.  The applicant’s DD Form 214 incorrectly shows his name as “NEWMAN, ROY DEAN” instead of “NEWMAN, RAY DEAN”.  His DD Form 214 does not show the Vietnam Civil Actions Honor Medal First Class Unit Citation, the Vietnam Cross of Gallantry with Bronze Star, the Vietnam Cross of Gallantry with Silver Star, the Overseas Service Ribbon, the Brazilian Jungle Warfare Badge, the French Parachutist Badge, and overseas service bars as authorized awards.

6.  The applicant’s DD Form 214 show the Army Service Ribbon as an authorized award; therefore, it is not discussed further in this proceeding.

7.  The applicant was authorized to accept and wear a personal award of the Armed Forces Honor Medal First Class by U.S. Army Vietnam (USARV) letter, dated 28 June 1971.

8.  The applicant was authorized to accept and wear a personal award of the Vietnam Cross of Gallantry with Bronze Star by USARV letter, dated 21 October 1971.

9.  The applicant was authorized to accept and wear a personal award of the Vietnam Cross of Gallantry with Gold Star by USARV letter, dated 24 May 1967.

10.  The applicant’s DA Form 2-1 shows that he completed two normal tours of duty overseas in Vietnam (August 1966 through July 1967 and June 1970 through July 1971)and one in Panama (July 1980 through April 1983).  The Board notes the applicant received the Vietnam Service Medal based on his assignments in Vietnam but that a service medal was not awarded for his assignment in Panama.

11.  The applicant provided a certificate, dated 12 April 1983, showing that he was a graduate of the Brazilian Army Jungle Warfare Training Center and awarded the Brazilian Army Jungle Warfare Badge.  Documentation is attached to the citation which advises the applicant to obtain approval from Headquarters, Department of the Army to accept an wear this badge.  However, there is no evidence in his personnel records of the required approval for acceptance and wear of this badge by Headquarters, Department of the Army.

12.  The applicant provided a certificate, dated 23 December 1984, awarding him the Parachutist Badge of the French Army.  There is no evidence of record which shows that the applicant attended French Army Parachutist School or otherwise met the requirements for award of the French Parachutist Badge.

13.  Army Regulation 670-1, in effect at the time, governs the requirements for the Oversea Service Bar.  In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States. There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.  For Vietnam service, one overseas service bar is authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam are counted as whole months for credit toward the overseas service bar.  Army Regulation 600-8-104 (Military Personnel Information Management/Records) prescribes the policies governing the Official Military Personnel File, the Military Personnel Records Jacket, the Career Management Information File, and Army Personnel Qualification Records.  In pertinent part, this regulation states that entries pertaining to the number of Oversea Service Bars authorized will be entered on the DA Form 2-1 (Personnel Qualification Record-Part II).

14.  Army Regulation 600-8-22 shows that the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  The regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981 and the overseas service is not recognized with another U.S. service medal.

15.  Army Regulation 600-8-22 provides that foreign decorations and badges may be authorized by authorized approval authorities for wear by U.S. military personnel.  Foreign qualification and special skill badges may be accepted if awarded in recognition of the criteria as established by the foreign government concerned.  Only those badges which are awarded in recognition of military activities and by the military department of the host country are authorized for acceptance and permanent wear.  The regulation specifically prohibits honorary badges from being authorized for wear or entry in official military personnel records.

CONCLUSIONS:

1.  Evidence in the applicant’s service record shows his name is Ray Dean Newman; therefore, he is entitled to correction of his records to show his name as Ray Dean Newman.

2.  The applicant was authorized the Vietnam Honor Medal First Class, the Vietnam Cross of Gallantry with Bronze Star, and the Vietnam Cross of Gallantry with Silver Star as personal awards for wear by the proper approval authority for foreign awards.  Therefore, the applicant is entitled to wear these awards and is entitled to correction of his records to show these awards.

3.  The applicant completed a normal overseas service assignment in Panama for which no service medal was authorized.  Therefore, he is entitled to award of the Overseas Service Ribbon and correction of his records to show this award.

4.  There is no evidence, and the applicant provided no evidence, showing that Headquarters Department of the Army granted approval for him to accept and wear the Brazilian Army Jungle Warfare Badge.  Therefore, the applicant is not entitled to correction of his records to show this award.

5.  There is no evidence, and the applicant has provided no evidence, which shows that he met the qualifications for award of the French Parachutist Badge or that he was authorized to accept and wear this badge.  Therefore, he is not entitled to correction of his records to show the French Parachutist Badge.

6.  Based on his service in Vietnam, the applicant is entitled to 4 Overseas Service Bars; therefore, his DA Form 2-1 (Personnel Qualification Record-Part II) should be amended to show his entitlement to 4 Overseas Service Bars.

7.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected: 

	a.  by showing that the name of the individual concerned is Ray Dean Newman;

	b.  by showing that he was awarded and authorized to accept and wear personal awards (not unit citations) of the Vietnam Honor Medal First Class, the Vietnam Cross of Gallantry with Bronze Star, and the Vietnam Cross of Gallantry with Silver Star; 

	c.  by showing that he was awarded the Overseas Service Ribbon based on completion of a normal tour in Panama;

	d.  by showing on his DA Form 2-1 (Personnel Qualification Record-Part II) entitlement to 4 Overseas Service Bars; and 

	e.  by issuing him a new DD Form 214 in lieu of his current DD Form 214 with a separation date of 31 July 1990 showing the appropriate corrections listed above.

2.  That so much of the application as is in excess of the foregoing be denied 

BOARD VOTE:  

KLW____  MHM____  KLW____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AC9806634/AR1998012443	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	1998/12/17	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT 	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.